Notice to Explain, if not Served Personally, Must be Sent to Employee’s Last Known Address
Notice to Explain must be served personally as a general rule. If it is not possible, it should be sent by registered mail to the last known address of the employee.
The post below is based on the book Guide to Valid Dismissal of Employees (page 69):
In case of termination, the notices shall be served on the employee’s last known address.
This is usually found in the HR databases or 201 file. It is a good practice to update these records or to require employees to provide changes in their personal information.
As a good practice, it is suggested that employers should update the 201 file by requiring employees to update their records periodically especially their place of residence.
There are instances wherein employees change residence without informing HR and in effect not updating the 201 file. In such case, whenever a notice is sent to them they would claim that they did not receive it because it was sent to the wrong address.
For example, the company may issue a notice every six months to employees asking them to update their personal information.
Attached to such notice is the form containing entries related to such information including the employee’s address.
The employer may issue a warning that failure of the employee to fill out the form and submit to HR within the prescribed period it shall be deemed that the employee is retaining his record on file.
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